Non Compete Non Disclosure Agreement for Ireland

Non Compete Non Disclosure Agreement Template for Ireland

A comprehensive legal agreement governed by Irish law that combines confidentiality obligations with non-compete restrictions. The document establishes clear parameters for protecting confidential information while preventing the receiving party from engaging in competitive activities within specified temporal and geographical boundaries. It incorporates requirements under Irish employment law, competition regulations, and the European Union Trade Secrets Directive, ensuring enforceability while maintaining reasonable restrictions that align with Irish legal precedents and business protection needs.

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What is a Non Compete Non Disclosure Agreement?

This Non-Compete Non-Disclosure Agreement is designed for use in situations where an organization needs to protect both its confidential information and competitive position under Irish law. It is commonly used when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. The agreement includes provisions compliant with Irish employment law and competition regulations, defining the scope of confidential information, permitted uses, and reasonable restrictions on competitive activities. It incorporates requirements from the European Union Trade Secrets Directive as implemented in Ireland, while ensuring that non-compete provisions are limited in duration, geography, and scope to maintain enforceability under Irish law.

What sections should be included in a Non Compete Non Disclosure Agreement?

1. Parties: Identifies and defines the contracting parties, including their registered addresses and company details

2. Background: Sets out the context of the agreement and the relationship between the parties

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Restricted Period'

4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements

5. Non-Compete Provisions: Specifies the competitive restrictions, including temporal and geographical scope, and prohibited activities

6. Duration and Territory: Clearly defines the time period and geographical area for which the restrictions apply

7. Permitted Disclosures: Outlines circumstances where disclosure of confidential information is permitted

8. Return of Confidential Information: Procedures for returning or destroying confidential information upon agreement termination

9. Intellectual Property Rights: Addresses ownership and rights related to confidential information and intellectual property

10. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Non Compete Non Disclosure Agreement?

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Post-Employment Obligations: Used when the agreement is with employees rather than independent contractors or business entities

3. Assignment and Succession: Include when rights under the agreement may need to be transferred

4. Non-Solicitation Provisions: Added when protection against solicitation of customers or employees is required

5. Severability and Blue Pencil: Important when there's higher risk that some restrictions might be found unenforceable

6. Consideration: Required when the agreement is entered into after the initial employment or business relationship begins

7. Third Party Rights: Include when confidential information of group companies or affiliated entities needs protection

What schedules should be included in a Non Compete Non Disclosure Agreement?

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Territory: Detailed definition and/or map of geographical areas covered by non-compete provisions

3. Schedule 3 - Restricted Activities: Detailed description of prohibited competitive activities

4. Schedule 4 - Group Companies: List of affiliated companies covered by the agreement if applicable

5. Appendix A - Security Measures: Required security protocols for handling confidential information

6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Manufacturing

Research and Development

Biotechnology

Information Technology

Consulting

Telecommunications

Software Development

Banking

Insurance

Legal Services

Engineering

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Research and Development

Sales

Information Technology

Product Development

Business Development

Operations

Finance

Engineering

Marketing

Strategy

Customer Success

Professional Services

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Developer

Sales Director

Business Development Manager

Research Scientist

Product Manager

Senior Consultant

Financial Analyst

Technical Architect

Operations Manager

Account Manager

Project Manager

Marketing Director

Head of Strategy

Chief Financial Officer

Senior Engineer

Data Scientist

Legal Counsel

Human Resources Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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